Tax appeal allowed: AO exceeded s.144C DRP mandate by introducing new findings and recharacterising non-resident receipts as permanent establishment i...
ITAT allowed the appeal and directed deletion of the addition made under section 69A, holding the AO's disallowance rested on conjecture and surmise without adequate enquiry or corroborative material. The Tribunal found the AO failed to disclose the provenance of purported information, did not apply independent mind, did not issue summons under s.131 or requisition information under s.133(6), nor confront the assessee with the purported information; GST authorities had not withdrawn input tax credit. Absent independent verification or conclusive evidence that purchases were bogus, the addition could not be sustained and therefore was deleted; appeal of the assessee was allowed.
ITAT allowed the appeal and directed deletion of the addition made under section 69A, holding the AO's disallowance rested on conjecture and surmise without adequate enquiry or corroborative material. The Tribunal found the AO failed to disclose the provenance of purported information, did not apply independent mind, did not issue summons under s.131 or requisition information under s.133(6), nor confront the assessee with the purported information; GST authorities had not withdrawn input tax credit. Absent independent verification or conclusive evidence that purchases were bogus, the addition could not be sustained and therefore was deleted; appeal of the assessee was allowed.
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